38.6c New Delhi, India, Friday, March 29, 2024
Judiciary

Restaurants Are Allowed To Serve Herbal Or Tobacco-Free Hookah; No Action Can Be Taken As Long As They comply with provisions of COTPA: Bombay HC

By LawStreet News Network      04 September, 2019 07:52 AM      0 Comments

The Bombay High Court on August 22, 2019, has clarified that all licensed restaurants can serve herbal or tobacco-free hookah and no action will be taken against them by the police as long as they comply with the provisions of the Cigarettes and Other Tobacco Products Act, 2003 or COTPA.

A Division Bench comprising of Justice Ranjit More and Justice N.J. Jamadar was hearing a batch of petitions filed by various restaurant owners claiming that they had been facing harassment from the police who would not allow them to serve herbal hookah even after an order passed by the High Court in July wherein it had allowed Ali Abdi, owner of Sheesha Skylounge to serve herbal hookah at all his outlets.

In his petition before the court, Abdi had argued that provisions of the Cigarettes and Other Tobacco Products Act, 2003, will not be applicable to tobacco-free hookah or herbal hookah. Accepting the argument, the Bench headed by Justice Ranjit More had allowed his petition.

The learned counsel appearing for the petitioners argued before the court that police prevented them from serving herbal hookah on the pretext that the said permission was granted to one restaurant owner only.

Clarifying the position, the court said that, "As long as the petitioners comply with the provisions of COTPA and do not serve any prohibited substance in the hookah parlour then no action can be taken against them. However, it is made clear that if it is found that the petitioners are selling/using any substance prohibited under the COTPA then surely an action can be taken against them.

In case, there is any infraction of the provisions of the COTPA as amended in the year 2018, the police officer, not below the rank of the Assistant Police Inspector, is empowered to take legal action for the infringement of the conditions imposed under COTPA act as well as taking action on the hookah parlours where drugs/narcotics are provided and consumed which falls under the purview of Police Department."

Read order.



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

arvind-kejriwals-plea-for-interim-release-rejected-by-delhi-high-court
Trending Judiciary
Arvind Kejriwal's plea for interim release rejected by Delhi High Court [Read Order]

Delhi High Court rejects Arvind Kejriwal's plea for interim release in money laundering case related to liquor policy scam, pending ED's response.

28 March, 2024 10:50 AM
youtuber-strings-plea-against-youtube-accounts-suspension-andhra-pradesh-hc-issues-notice-to-centre-google
Trending Top Stories
BREAKING: Youtuber String’s plea against Youtube accounts suspension: Andhra Pradesh HC issues notice to Centre, Google

Andhra Pradesh High Court issues notice to the Centre and Google LLC on Youtube journalist String’s plea against suspension of its accounts by Google (which owns Youtube).

28 March, 2024 11:26 AM

TOP STORIES

delhi-liquor-scam-court-remands-arvind-kejriwal-to-ed-custody-till-march-28-read-remand-application
Trending Judiciary
Delhi liquor scam: Court remands Arvind Kejriwal to ED custody till March 28 [Read Order]

Delhi liquor scam: Arvind Kejriwal remanded to ED custody till March 28. Court grants agency permission for interrogation in liquor policy case.

23 March, 2024 11:53 AM
sc-dismisses-centres-plea-for-review-of-judgment-directing-ed-to-furnish-written-grounds-of-arrest-to-pmla-accused
Trending Judiciary
SC dismisses Centre’s plea for review of judgment directing ED to furnish written grounds of arrest to PMLA accused [Read Order]

Supreme Court dismisses Centre's plea, upholds judgment mandating Enforcement Directorate to provide written grounds of arrest in PMLA cases.

23 March, 2024 03:14 PM
kerala-hc-to-hear-lesbian-couples-plea-against-forced-conversion-therapy-on-april-9
Trending Judiciary
Kerala HC to hear lesbian couple’s plea against forced conversion therapy on April 9

Kerala HC will hear a lesbian couple’s plea highlighting that one of them was subjected to forced conversion therapy.

23 March, 2024 03:30 PM
how-can-people-be-compelled-to-vote-madras-hc-asks
Trending Judiciary
“How can people be compelled to vote? Madras HC asks

“How can people be compelled to vote?”, the Madras HC queried in a plea asking employers in Tamil Nadu to demand proof from employees of having voted on polling day.

23 March, 2024 05:04 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email